التعاون والتوازن بين السلطة المركزية والمحلية) (دراسة مقارنة)

The cooperation and equilibrium between the authority central and municipal. "a comparative study

The constitution is the essential document that defines the form of the state and its system of governance and the organization of the function of its authority in terms of its composition, competencies, the relationship between them, the limits and duties of each authority, as well as the rights and freedoms of individuals. It is possible to achieve the cooperation and balance between the authorities in the state, whether it is the relationship of the legislative authority with the executive or the relationship of the judicial authority with the executive. With regard to the executive authority, the constitutional legislator also stresses the need for the independence of its constituent bodies and to ensure a kind of balance between them and to lay down solid foundations for achieving cooperation in a way that enables it to advance its constitutional functions. These functions represented in implementation and administration in order to achieve the public interest, therefore, the relationship between the central and local authorities is of great importance, whether it is in Iraq or in comparative law countries such as France and Egypt.

There is an inevitable necessity today to distribute powers and tasks between the central government and local bodies, and the reason behind this is that there is a local interest distinct from the general national interest. Therefore, the rules of the law drew the limits of the relationship between the two authorities by defining the functions of each of them and the legislator, especially in the law of governorates that are not organized in a region No.21 For the year 2008 the competencies of the local authorities to prevent conflicts with decisions and conflicts of competencies with the central authority, which we find present in the countries under comparison as well.

The philosophy of the aforementioned is clear, as it is summarized in the real desire for integration in activities, which achieves the public interest. Given the importance of the topic, the study was divided into two sections. In the first chapter, we dealt with cooperation between the central and local authorities, and we mean cooperation in the field of powers and competencies entrusted to each of them with independence which the local authorities enjoy. Where, the central authority retains the right to supervise and control these bodies in order to guarantee the political unity of the state. We have concluded this study by addressing a set of results that have been reached and a number of recommendations, the most important of which is not to involve the legislative authority in monitoring the work carried out by the provincial councils, and with the text of the constitution amending Article (122) of it and also the text of the law of governorates that are not organized in a region specifically in Article (20 Second / A / B), that the authority responsible for oversight is the Iraqi Council of Ministers, by substituting the phrase censorship the executive authority rather than term parliament, similar to comparative law such as France and Egypt, and the reason for that is because the local authority is part of the central executive authority in the state.